Gangs
Virginia law enforcement officials have reported an increase in gang involvement in every region of the state. Street gangs are typically involved in activities that break the law and accept violence as a method of operation.
What is a gang?
Virginia law defines a “criminal street gang” as any group, organization or association of three or more persons, whether formal or informal,
- which has as one of its primary objectives or activities the commission of one or more
criminal acts,
- which has an identifiable name or identifying sign or symbol, and
- whose members individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, or solicitation of two or more predicate criminal acts, at least one of which is an act of violence.
(Code of Virginia § 18.2-46.1)
Which other laws address gangs?
Code of Virginia § 18.2-46.2 – Makes it a Class 4 or 5 felony for gang members to commit certain criminal acts on behalf of a gang. Examples include robbery, assault, arson, gang recruitment, trespassing, and damage to property.
Code of Virginia § 18.2-46.3 – Prohibits recruitment of juveniles for criminal street gang. Specifically,
- Any person aged 18 years or older, who solicits, invites, recruits, encourages, or otherwise
causes or attempts to cause a juvenile to actively participate in or become a member of a
criminal street gang, shall be guilty of a Class 6 felony.
- Any person who, regardless of age, solicits, invites, recruits, encourages, or otherwise
causes or attempts to cause another to actively participate in or become a member of a
criminal street gang, shall be guilty of a Class 1 misdemeanor.
- Any person who uses threats or force against a person or that person’s family to recruit that person into a gang, or force him or her to remain in the gang or to submit to a demand by a gang to commit a felony shall be guilty of a Class 6 felony.
Code of Virginia § 18.2-46.3:3 – Establishes Gang-Free School Zones in which there are enhanced penalties for gang participation and recruitment. The zones include school property, public property within 1,000 feet of school property, and school buses.
Code of Virginia § 18.2-55.1 – Prohibits hazing of youth gang members. Anyone who causes bodily injury by hazing any member or person seeking to become a member of a youth gang or street gang shall be guilty of a Class 1 misdemeanor. It does not matter whether or not the victim of the hazing participated voluntarily in the prohibited activity.
Code of Virginia § 16.1-260(G) – Requires that the school division superintendent be notified when a juvenile commits a violation of any gang statute, whether on or off school property.
What kinds of crimes do gang members commit?
Most street gang members are involved in activities that are crimes in the community. Some examples are:
- dealing drugs;
- theft and dealing in stolen property;
- assault and battery and serious injury to other people;
- threats and intimidation of others; and
- destroying public and private property.
What is tagging?
Tagging is graffiti placed on property, often by gangs, to mark a territory. When there is a great deal of graffiti in an area, it is a strong indicator of gang-related activity.
Virginia law says that tagging is destroying or defacing property.
Anyone who destroys or defaces any property, real or personal, not his own, shall be guilty of a Class 1 misdemeanor if the damage to the property is less than $1,000 or a Class 6 felony if the value of or damage is $1,000 or more. (Code of Virginia § 18.2-137)
Anyone who destroys or defaces public property shall be guilty of a Class 1 misdemeanor if the damage to the property is less than $1,000 and a Class 6 felony if the damage is $1,000 or more. (Code of Virginia § 18.2-138)
The parents or guardians of a child may be ordered to pay up to $2,500 for damages their child caused to public property. (Code of Virginia § 8.01-43)
What do I need to know about gangs?
Here are 10 facts about gangs:
- Street gangs recruit members as young as elementary school age.
- Street gangs may be composed of boys, girls or both.
- Street gangs may be a mix of different races and cultures.
- Street gang members must prove themselves to their gangs.
- Street gang members are typically involved in activities that break the law.
- Street gang members accept violence as a method of operation.
- Street gang members are often arrested for their crimes.
- Street gang members are feared and not respected by their peers.
- Street gang members are followers, not leaders.
- Street gang members are breaking the law by committing certain crimes on behalf of the gang.
How do you recognize a person who is in a gang?
One way to recognize a person who is in a gang is to look at the way he or she dresses.
Here are some things to look for:
- Gang members tend to dress alike.
- Members may wear the same colors.
- Many gangs wear specific team athletic wear.
- Many gang members tend to wear baseball caps backwards.
- Many gang members display tattoos or body piercing.
- Many gang members wear the same type of shoes.
Other signs that a person may be in a gang:
- changes in behavior;
- photos of themselves displaying gang hand signs, weapons, money, drugs, or graffiti;
- drawing graffiti in notebooks or on other belongings;
- new nicknames;
- unexplained injuries; and/or
- tattoos or branding.
Remember that everyone who dresses like a gang member may not be connected to a gang. It is important not only to look at a person, but pay attention to the friends he or she hangs out with. If everyone in the group is dressed the same, they may be gang members.
Some people may not be in a real gang, but instead are part of a group that acts, dresses, and presents itself as a gang. These people are typically called “wannabes.”
Whether someone is in a gang or is a “wannabe,” if he or she commits a crime; the legal system cannot tell the difference.
Why do people join gangs?
Here are some of the main reasons young people choose to join a gang:
- They are looking for excitement.
- They do not feel good about themselves and want to be popular.
- They have problems at home.
- They do not feel loved or accepted and want a "family."
- They choose the wrong friends.
- They think they can make money in gangs.
- They use alcohol and other drugs.
- They like committing violence against people.
- They do not have goals.
- They want to be cool.
- They feel they need protection.
- They believe membership in a gang will bring them status and respect.
How can someone resist joining a gang?
Here are proven strategies for avoiding becoming a gang member:
- Choose the right friends who have a positive influence on you.
- Say no to violence at school and in the community.
- Choose positive activities such as sports, clubs, etc.
- Work hard in school.
- Set personal goals. (What would you like to be when you grow up?)
- Talk openly about gangs to your parents, teachers, or other trusted adults.
- Choose positive solutions to your conflicts.
- Do not dress like a gang member.
- Be a leader and not a follower.
- Say no to alcohol and other drugs.
